On Sunday, Hong Kong police formally pressed charges of subversion against 47 democracy advocates for organizing or participating in the pro-democracy camp’s primaries for the since-postponed Legislative Council election last summer. John Clancey, an American human rights lawyer, was among the few who had a lucky escape.

Though arrested under the national security law in January, he walked out of the police station with his bail extended as dozens of others were held in custody overnight. The 79-year-old was back in office to continue his work the next day, while one after another dissident was rushed from the court to the hospital during their marathon bail hearings.

Clancey felt conflicted even though he was released on bail. On the one hand, he could be reunited with his family, but on the other, he was upset, like most people, to see the mass prosecutions of opposition politicians in Hong Kong.

He wasn’t sure why he was exempted and if it had anything to do with his U.S. citizenship. “Only the police would know,” said Clancey, who is the first foreign citizen arrested under the draconian national security law imposed by Beijing last summer.

In case he was prosecuted and remanded in custody, he had notified his colleagues at the law firm to take over his work. “They are slightly reluctant as they would rather have me here,” said Clancey. When he reported to the police station on Sunday, he was also mentally prepared for whatever that might happen, even a lengthy prison sentence.

“For me, it’s not to live life in fear of what could happen. For me, it’s to live according to what your conscience tells you, and to do what you think is right,” said the former priest.

In return, he would like to ask the Hong Kong government why it is so afraid. Even if the pro-democracy camp obtains a majority in the Legislative Council, the administration can still negotiate and work with them, he noted. “In a democratic society, part of politics is working towards a consensus through communication,” said the lawyer, though he was not surprised the government does not see it as a possibility.

While national security may take priority over individual rights under special circumstances such as war, it does not grant power without limits. “The government should not be allowed to do whatever it wants in the name of national security, banning people from doing certain things or forcing people to obey,” said Clancey.

Should individual rights be in conflict with national security one day, he hopes the courts would make a judgement favoring the former. The United Nations have long defined under what circumstances national security laws should be subject to limits, instead of given absolute power, he added.

Last week, Xia Baolong, director of the Hong Kong and Macau Affairs Office, called for the severe punishment of Apple Daily founder Jimmy Lai, activist Joshua Wong and legal scholar Benny Tai, sparking concerns that Beijing is interfering with the independent judiciary in Hong Kong. But Clancey is not too worried. Xia is entitled to express his personal opinion as a senior official in the Chinese Communist Party, but Clancey believes his remarks would not automatically become the law in Hong Kong. The most important thing is that Hong Kong courts still act according to the law, he added.

Despite appearing more optimistic than most, Clancey admitted the human rights situation in Hong Kong is at its lowest ebb since 1997. Still, he appeals to Hong Kong people not to lose hope for the future.

“It may take a day, a year or an even longer period of time before the rain stops, but it will stop one day,” said the lawyer.

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